Common use of Exclusion Review Clause in Contracts

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd was in material breach of this CIA and, if so, whether: a. Good Shepherd cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd had begun to take action to cure the material breach; (ii) Good Shepherd pursued such action with due diligence; and (iii) Good Shepherd provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd, only after a DAB decision in favor of OIG. Good Shepherd’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd, Good Shepherd shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd GSK was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand GlaxoSmithKline LLC Corporate Integrity Agreement b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd GSK had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd GSK has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd GSK provided to OIG within that period a reasonable timetable for curing the material breachbreach and GSK has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdGSK, only after a DAB decision in favor of OIG. Good ShepherdGSK’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd GSK upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd GSK may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd GSK shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdGSK, Good Shepherd GSK shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Progenity was in material breach of this CIA and, if so, whether: a. Good Shepherd Progenity cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdProgenity’s receipt of the Notice of Material Breach: (i) Good Shepherd Progenity had begun to take action to cure the material breach; (ii) Good Shepherd Progenity pursued such action with due diligence; and (iii) Good Shepherd Progenity provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdProgenity, only after a DAB decision in favor of OIG. Good ShepherdProgenity’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Progenity upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Progenity may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Progenity shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdProgenity, Good Shepherd Progenity shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Extendicare was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Extendicare had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Extendicare pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Extendicare provided to OIG within that period a reasonable timetable for curing the material breachbreach and Extendicare followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdExtendicare, only after a DAB decision in favor of OIG. Good ShepherdExtendicare’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Extendicare upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Extendicare may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Extendicare shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdExtendicare, Good Shepherd Extendicare shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Genova was in material breach of this CIA and, if so, whether: a. Good Shepherd ▇. ▇▇▇▇▇▇ cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdGenova’s receipt of the Notice of Material Breach: : (i) Good Shepherd Genova had begun to take action to cure the material breach; (ii) Good Shepherd Genova pursued such action with due diligence; and (iii) Good Shepherd Genova provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdGenova, only after a DAB decision in favor of OIG. Good ShepherdGenova’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Genova upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Genova may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Genova shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdGenova, Good Shepherd Genova shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Halifax was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Halifax had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Halifax has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Halifax provided to OIG within that period a reasonable timetable for curing the material breachbreach and Halifax has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdHalifax, only after a DAB decision in favor of OIG. Good ShepherdHalifax’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Halifax upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Halifax may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Halifax shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdHalifax, Good Shepherd Halifax shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd UHS was in material breach of this CIA and, if so, whether: a. Good Shepherd UHS cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good ShepherdUHS’s receipt of the Notice of Material Breach: (i) Good Shepherd UHS had begun to take action to cure the material breach; (ii) Good Shepherd UHS pursued such action with due diligence; and (iii) Good Shepherd UHS provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdUHS, only after a DAB decision in favor of OIG. Good ShepherdUHS’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd UHS upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd UHS may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd UHS shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdUHS, Good Shepherd UHS shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Indivior was in material breach of this CIA and, if so, whether: a. Good Shepherd (a) Indivior cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. (b) the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdIndivior’s receipt of the Notice of Material Breach: : (i) Good Shepherd Indivior had begun to take action to cure the material breach; breach within that period; (ii) Good Shepherd Indivior pursued such action with due diligence; and and (iii) Good Shepherd Indivior provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdIndivior, only after a DAB decision in favor of OIG. Good ShepherdIndivior’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Indivior upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Indivior may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Indivior shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd▇▇▇▇▇▇▇▇, Good Shepherd Indivior shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Orbit was in material breach of this CIA and, if so, whether: a. Good Shepherd Orbit cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within or the 30-day period, but that, during the 30-day period following Good ShepherdOrbit’s receipt of the Notice of Material Breach: (i) Good Shepherd Orbit had begun to take action to cure the material breach; (ii) Good Shepherd Orbit has pursued such action with due diligence; and (iii) Good Shepherd Orbit provided to OIG a reasonable timetable for curing the material breachbreach and Orbit has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdOrbit, only after a DAB decision in favor of OIG. Good ShepherdOrbit’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Orbit upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Orbit may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Orbit shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdOrbit, Good Shepherd Orbit shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd LHC was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd LHC had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd LHC has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd LHC provided to OIG within that period a reasonable timetable for curing the material breachbreach and LHC has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdLHC, only after a DAB decision in favor of OIG. Good ShepherdLHC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd LHC upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd LHC may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd LHC shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdLHC, Good Shepherd LHC shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Healogics was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd Healogics cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Healogics’ receipt of the Notice of Material Breach: (i) Good Shepherd Healogics had begun to take action to cure the material breach; (ii) Good Shepherd Healogics pursued such action with due diligence; and (iii) Good Shepherd Healogics provided to OIG a reasonable timetable for curing the material breach. breach.‌ For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdHealogics, only after a DAB decision in favor of OIG. Good Shepherd’s Healogics’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Healogics upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Healogics may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Healogics shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdHealogics, Good Shepherd Healogics shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd the Provider was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd the Provider had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd the Provider has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd the Provider provided to OIG within that period a reasonable timetable for curing the material breachbreach and the Provider has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherdthe Provider, only after a DAB decision in favor of OIG. Good ShepherdThe Provider’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd the Provider upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd the Provider may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd The Provider shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherdthe Provider, Good Shepherd the Provider shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd AstraZeneca was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd AstraZeneca had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd AstraZeneca has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd AstraZeneca provided to OIG within that period a reasonable timetable for curing the material breachbreach and AstraZeneca has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdAstraZeneca, only after a DAB decision in favor of OIG. Good ShepherdAstraZeneca’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd AstraZeneca upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd AstraZeneca may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision Corporate Integrity Agreement AstraZeneca adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd AstraZeneca shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdAstraZeneca, Good Shepherd AstraZeneca shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd was the Friendship Entities were in material breach of this CIA and, if so, whether: a. Good Shepherd the Friendship Entities cured such breach within 30 days of its their receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s the Friendship Entities’ receipt of the Notice of Material Breach: (i) Good Shepherd the Friendship Entities had begun to take action to cure the material breach; (ii) Good Shepherd the Friendship Entities pursued such action with due diligence; and (iii) Good Shepherd the Friendship Entities provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherdthe Friendship Entities, only after a DAB decision in favor of OIG. Good Shepherd’s The Friendship Entities’ election of its their contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd the Friendship Entities upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd the Friendship Entities may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd The Friendship Entities shall waive its their right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherdthe Friendship Entities, Good Shepherd the Friendship Entities shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd KDMC was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd KDMC had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd KDMC has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd KDMC provided to OIG within that period a reasonable timetable for curing the material breachbreach and KDMC has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdKDMC, only after a DAB decision in favor of OIG. Good ShepherdKDMC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd KDMC upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd KDMC may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd KDMC shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdKDMC, Good Shepherd KDMC shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Post Acute Medical was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd Post Acute Medical cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdPost Acute Medical’s receipt of the Notice of Material Breach: (i) Good Shepherd Post Acute Medical had begun to take action to cure the material breach; (ii) Good Shepherd Post Acute Medical pursued such action with due diligence; and (iii) Good Shepherd Post Acute Medical provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdPost Acute Medical, only after a DAB decision in favor of OIG. Good ShepherdPost Acute Medical’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Post Acute Medical upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Post Acute Medical may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Post Acute Medical shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdPost Acute Medical, Good Shepherd Post Acute Medical shall be reinstated effective on the date of the original exclusion.exclusion.‌

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Gambro was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Gambro had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Gambro has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Gambro provided to OIG within that period a reasonable timetable for curing the material breachbreach and Gambro has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdGambro, only after a DAB decision in favor of OIG. Good ShepherdGambro’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Gambro upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Gambro may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Gambro shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdGambro, Good Shepherd Gambro shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Parkland was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Parkland had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Parkland has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Parkland provided to OIG within that period a reasonable timetable for curing the material breachbreach and Parkland has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdParkland, only after a DAB decision in favor of OIG. Good ShepherdParkland’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Parkland upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Parkland may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Parkland shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdParkland, Good Shepherd Parkland shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Rehab was in material breach of this CIA and, if so, whether: a. Good Shepherd Rehab cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd▇▇▇▇▇’s receipt of the Notice of Material Breach: : (i) Good Shepherd Rehab had begun to take action to cure the material breach; (ii) Good Shepherd Rehab has pursued such action with due diligence; and (iii) Good Shepherd Rehab provided to OIG a reasonable timetable for curing the material breachbreach and Rehab has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdRehab, only after a DAB decision in favor of OIG. Good ShepherdRehab’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Rehab upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Rehab may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Rehab shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdRehab, Good Shepherd Rehab shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Indivior was in material breach of this CIA and, if so, whether: a. Good Shepherd Indivior cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdIndivior’s receipt of the Notice of Material Breach: : (i) Good Shepherd Indivior had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Indivior pursued such action with due diligence; and (iii) Good Shepherd Indivior provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdIndivior, only after a DAB decision in favor of OIG. Good ShepherdIndivior’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Indivior upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Indivior may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Indivior shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdIndivior, Good Shepherd Indivior shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Arc was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd Arc cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd▇▇▇’s receipt of the Notice of Material Breach: (i) Good Shepherd Arc had begun to take action to cure the material breach; (ii) Good Shepherd Arc pursued such action with due diligence; and (iii) Good Shepherd Arc provided to OIG a reasonable timetable for curing the material breach. breach.‌ For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdArc, only after a DAB decision in favor of OIG. Good ShepherdArc’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Arc upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Arc may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Arc shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdArc, Good Shepherd Arc shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd ▇▇▇▇▇▇▇▇ was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd ▇▇▇▇▇▇▇▇ had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd ▇▇▇▇▇▇▇▇ has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd ▇▇▇▇▇▇▇▇ provided to OIG within that period a reasonable timetable for curing the material breachbreach and ▇▇▇▇▇▇▇▇ has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd▇▇▇▇▇▇▇▇, only after a DAB decision in favor of OIG. Good Shepherd’s ▇▇▇▇▇▇▇▇’▇ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd ▇▇▇▇▇▇▇▇ upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd ▇▇▇▇▇▇▇▇ may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd ▇▇▇▇▇▇▇▇ shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd▇▇▇▇▇▇▇▇, Good Shepherd ▇▇▇▇▇▇▇▇ shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd Practitioner was in material breach of this CIA IA and, if so, whether: a. Good Shepherd Practitioner cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdPractitioner’s receipt of the Notice of Material Breach: (i) Good Shepherd Practitioner had begun to take action to cure the material breach; (ii) Good Shepherd Practitioner pursued such action with due diligence; and (iii) Good Shepherd Practitioner provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdPractitioner, only after a DAB decision in favor of OIG. Good ShepherdPractitioner’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Practitioner upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Practitioner may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Practitioner shall waive its his right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdPractitioner, Good Shepherd Practitioner shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd CCH was in material breach of this CIA and, if so, whether: a. Good Shepherd CCH cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good ShepherdCCH’s receipt of the Notice of Material Breach: (i) Good Shepherd CCH had begun to take action to cure the material breach; (ii) Good Shepherd CCH pursued such action with due diligence; and (iii) Good Shepherd CCH provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdCCH, only after a DAB decision in favor of OIG. Good ShepherdCCH’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd CCH upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd CCH may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd CCH shall waive its right rights to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdCCH, Good Shepherd CCH shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Dignity Health was in material breach of this CIA and, if so, whether: a. Good Shepherd Dignity Health cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good ShepherdDignity Health’s receipt of the Notice of Material Breach: (i) Good Shepherd Dignity Health had begun to take action to cure the material breach; (ii) Good Shepherd Dignity Health pursued such action with due diligence; and (iii) Good Shepherd Dignity Health provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdDignity Health, only after a DAB decision in favor of OIG. Good ShepherdDignity Health’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Dignity Health upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Dignity Health may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Dignity Health shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdDignity Health, Good Shepherd Dignity Health shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Orthofix was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Orthofix had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Orthofix has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Orthofix provided to OIG within that period a reasonable timetable for curing the material breachbreach and Orthofix has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdOrthofix, only after a DAB decision in favor of OIG. Good ShepherdOrthofix’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Orthofix upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Orthofix may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Orthofix shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdOrthofix, Good Shepherd Orthofix shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Ensign Group was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Ensign Group had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Ensign Group has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Ensign Group provided to OIG within that period a reasonable timetable for curing the material breachbreach and Ensign Group has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdEnsign Group, only after a DAB decision in favor of OIG. Good ShepherdEnsign Group’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Ensign Group upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Ensign Group may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Ensign Group shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdEnsign Group, Good Shepherd Ensign Group shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd CHSI was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd CHSI had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd CHSI has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd CHSI provided to OIG within that period a reasonable timetable for curing the material breachbreach and CHSI has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdCHSI, only after a DAB decision in favor of OIG. Good ShepherdCHSI’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd CHSI upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd CHSI may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the Community Health Systems, Inc. Corporate Integrity Agreement exclusion shall take effect 20 days after the DAB decision. Good Shepherd CHSI shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdCHSI, Good Shepherd CHSI shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd ▇▇▇▇▇▇ was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd ▇▇▇▇▇▇ cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdHanora’s receipt of the Notice of Material Breach: Breach:‌ (i) Good Shepherd ▇▇▇▇▇▇ had begun to take action to cure the material breach; (ii) Good Shepherd ▇▇▇▇▇▇ pursued such action with due diligence; and (iii) Good Shepherd ▇▇▇▇▇▇ provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd▇▇▇▇▇▇, only after a DAB decision in favor of OIG. Good ShepherdHanora’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Hanora upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd ▇▇▇▇▇▇ may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd ▇▇▇▇▇▇ shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd▇▇▇▇▇▇, Good Shepherd ▇▇▇▇▇▇ shall be reinstated effective on the date of the original exclusion.exclusion.‌‌

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Mallinckrodt was in material breach of this CIA and, if so, whether: a. Good Shepherd Mallinckrodt cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdMallinckrodt’s receipt of the Notice of Material Breach: (i) Good Shepherd Mallinckrodt had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Mallinckrodt pursued such action with due diligence; and (iii) Good Shepherd Mallinckrodt provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdMallinckrodt, only after a DAB decision in favor of OIG. Good ShepherdMallinckrodt’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Mallinckrodt upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Mallinckrodt may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Mallinckrodt shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdMallinckrodt, Good Shepherd Mallinckrodt shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd PSI was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd PSI cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdPSI’s receipt of the Notice of Material Breach: (i) Good Shepherd PSI had begun to take action to cure the material breach; (ii) Good Shepherd PSI pursued such action with due diligence; and (iii) Good Shepherd PSI provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdPSI, only after a DAB decision in favor of OIG. Good ShepherdPSI’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd PSI upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd PSI may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd PSI shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdPSI, Good Shepherd PSI shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd ResMed was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd ResMed cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdResMed’s receipt of the Notice of Material Breach: : (i) Good Shepherd ResMed had begun to take action to cure the material breach; (ii) Good Shepherd ResMed pursued such action with due diligence; and (iii) Good Shepherd ResMed provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdResMed, only after a DAB decision in favor of OIG. Good ShepherdResMed’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd ResMed upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd ResMed may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd ResMed shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdResMed, Good Shepherd ResMed shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd was in material breach of this CIA and, if so, whether:Signature was a. Good Shepherd Signature cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdSignature’s receipt of the Notice of Material Breach: (i) Good Shepherd Signature had begun to take action to cure the material breach; (ii) Good Shepherd Signature pursued such action with due diligence; and (iii) Good Shepherd Signature provided to OIG a reasonable timetable for curing the material breach. breach.‌ For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdSignature, only after a DAB decision in favor of OIG. Good ShepherdSignature’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Signature upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Signature may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Signature shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdSignature, Good Shepherd Signature shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd BMG was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd BMG cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdBMG’s receipt of the Notice of Material Breach: : (i) Good Shepherd BMG had begun to take action to cure the material breach; ; (ii) Good Shepherd BMG pursued such action with due diligence; and (iii) Good Shepherd BMG provided to OIG a reasonable timetable for curing the material breach. breach.‌‌ For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdBMG, only after a DAB decision in favor of OIG. Good ShepherdBMG’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd BMG upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd BMG may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd BMG shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdBMG, Good Shepherd BMG shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a a‌ proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd KRHS was in material breach of this CIA and, if so, whether: a. Good Shepherd KRHS cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdKRHS’s receipt of the Notice of Material Breach: Breach:‌‌ (i) Good Shepherd KRHS had begun to take action to cure the material breach; (ii) Good Shepherd KRHS pursued such action with due diligence; and (iii) Good Shepherd KRHS provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdKRHS, only after a DAB decision in favor of OIG. Good ShepherdKRHS’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd KRHS upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd KRHS may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd KRHS shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd, Good Shepherd KRHS shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd SOS was in material breach of this CIA IA and, if so, whether: a. Good Shepherd SOS cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdSOS’s receipt of the Notice of Material Breach: (i) Good Shepherd SOS had begun to take action to cure the material breach; (ii) Good Shepherd SOS pursued such action with due diligence; and (iii) Good Shepherd SOS provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdSOS, only after a DAB decision in favor of OIG. Good ShepherdSOS’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd SOS upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd SOS may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd SOS shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdSOS, Good Shepherd SOS shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd ▇▇▇▇▇▇ was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Forest had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Forest has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Forest provided to OIG within that period a reasonable timetable for curing the material breachbreach and Forest has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdForest, only after a DAB decision in favor of OIG. Good ShepherdForest’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Forest upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues Corporate Integrity Agreement Forest Laboratories, Inc. such a decision, notwithstanding that Good Shepherd ▇▇▇▇▇▇ may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Forest shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdForest, Good Shepherd Forest shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Health Quest was in material breach of this CIA and, if so, whether: a. Good Shepherd Health Quest cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdHealth Quest’s receipt of the Notice of Material Breach: (i) Good Shepherd Health Quest had begun to take action to cure the material breach; (ii) Good Shepherd Health Quest pursued such action with due diligence; and (iii) Good Shepherd Health Quest provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdHealth Quest, only after a DAB decision in favor of OIG. Good ShepherdHealth Quest’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Health Quest upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Health Quest may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Health Quest shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdHealth Quest, Good Shepherd Health Quest shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Hebrew Homes was in material breach of this CIA and, if so, whether: a. Good Shepherd Hebrew Homes cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Hebrew Homes’ receipt of the Notice of Material Breach: (i) Good Shepherd Hebrew Homes had begun to take action to cure the material breach; (ii) Good Shepherd Hebrew Homes pursued such action with due diligence; and (iii) Good Shepherd Hebrew Homes provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdHebrew Homes, only after a DAB decision in favor of OIG. Good Shepherd’s Hebrew Homes’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Hebrew Homes upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Hebrew Homes may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Hebrew Homes shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdHebrew Homes, Good Shepherd Hebrew Homes shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd was the Providers were in material breach of this CIA and, if so, whether: a. Good Shepherd the Providers cured such breach within 30 days of its their receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s the Providers’ receipt of the Notice of Material Breach: (i) Good Shepherd the Providers had begun to take action to cure the material breach; (ii) Good Shepherd the Providers pursued such action with due diligence; and (iii) Good Shepherd the Providers provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherdthe Providers, only after a DAB decision in favor of OIG. Good Shepherd’s The Providers’ election of its their contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd the Providers upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd the Providers may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd the Providers shall waive its their right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherdthe Providers, Good Shepherd the Providers shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Novartis was in material breach of this CIA and, if so, whether: a. Good Shepherd Novartis cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Novartis’ receipt of the Notice of Material Breach: : (i) Good Shepherd Novartis had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Novartis pursued such action with due diligence; and (iii) Good Shepherd Novartis provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdNovartis, only after a DAB decision in favor of OIG. Good Shepherd’s Novartis’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Novartis upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Novartis may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Novartis shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdNovartis, Good Shepherd Novartis shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Biomet or Biomet Orthopedics was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd had Biomet or Biomet Orthopedics has begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Biomet or Biomet Orthopedics has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Biomet or Biomet Orthopedics provided to OIG within that period a reasonable timetable for curing the material breachbreach and Biomet has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdBiomet or Biomet Orthopedics, only after a DAB decision in favor of OIG. Good ShepherdBiomet’s or Biomet Orthopedics’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Biomet or Biomet Orthopedics upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Biomet or Biomet Orthopedics may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Biomet or Biomet Orthopedics shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdBiomet or Biomet Orthopedics, Good Shepherd Biomet or Biomet Orthopedics shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd GLML was in material breach of this CIA IA and, if so, whether: a. Good Shepherd GLML cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdGLML’s receipt of the Notice of Material Breach: : (i) Good Shepherd GLML had begun to take action to cure the material breach; (ii) Good Shepherd GLML pursued such action with due diligence; and (iii) Good Shepherd GLML provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdGLML, only after a DAB decision in favor of OIG. Good ShepherdGLML’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd GLML upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd GLML may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd GLML shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdGLML, Good Shepherd GLML shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd OCOM was in material breach of this CIA and, if so, whether: a. Good Shepherd OCOM cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdOCOM’s receipt of the Notice of Material Breach: : (i) Good Shepherd OCOM had begun to take action to cure the material breach; (ii) Good Shepherd OCOM pursued such action with due diligence; and (iii) Good Shepherd OCOM provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdOCOM, only after a DAB decision in favor of OIG. Good ShepherdOCOM’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd OCOM upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd OCOM may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd OCOM shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdOCOM, Good Shepherd OCOM shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd TAF was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd TAF cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdTAF’s receipt of the Notice of Material Breach: (i) Good Shepherd TAF had begun to take action to cure the material breach; (ii) Good Shepherd TAF pursued such action with due diligence; and (iii) Good Shepherd TAF provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdTAF, only after a DAB decision in favor of OIG. Good ShepherdTAF’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd TAF upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd TAF may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd TAF shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdTAF, Good Shepherd TAF shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd ▇▇▇▇▇ Pharmacy was in material breach of this CIA IA and, if so, whether: a. Good Shepherd ▇. ▇▇▇▇▇ Pharmacy cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd▇▇▇▇▇ Pharmacy’s receipt of the Notice of Material Breach: (i) Good Shepherd ▇▇▇▇▇ Pharmacy had begun to take action to cure the material breach; (ii) Good Shepherd ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ pursued such action with due diligence; and (iii) Good Shepherd ▇▇▇▇▇ Pharmacy provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd▇▇▇▇▇ ▇▇▇▇▇▇▇▇, only after a DAB decision in favor of OIG. Good Shepherd▇▇▇▇▇ ▇▇▇▇▇▇▇▇’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd ▇▇▇▇▇ Pharmacy upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd ▇▇▇▇▇ Pharmacy may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ shall waive its [his/her] right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdCasey Pharmacy, Good Shepherd ▇▇▇▇▇ Pharmacy shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Odyssey Hospice was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Odyssey Hospice had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Odyssey Hospice has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Odyssey Hospice provided to OIG within that period a reasonable timetable for curing the material breachbreach and Odyssey Hospice has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdOdyssey Hospice, only after a DAB decision in favor of OIG. Good ShepherdOdyssey Hospice’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Odyssey Hospice upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Odyssey Hospice may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Odyssey Hospice shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdOdyssey Hospice, Good Shepherd Odyssey Hospice shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd ▇▇. ▇▇▇▇▇▇▇ was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd ▇▇. ▇▇▇▇▇▇▇ cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdDr. Muttath’s receipt of the Notice of Material Breach: (i) Good Shepherd ▇▇. ▇▇▇▇▇▇▇ had begun to take action to cure the material breach; (ii) Good Shepherd ▇▇. ▇▇▇▇▇▇▇ pursued such action with due diligence; and (iii) Good Shepherd ▇▇. ▇▇▇▇▇▇▇ provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd▇▇. ▇▇▇▇▇▇▇, only after a DAB decision in favor of OIG. Good ShepherdDr. Muttath’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd ▇▇. ▇▇▇▇▇▇▇ upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd ▇▇. ▇▇▇▇▇▇▇ may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd ▇▇. ▇▇▇▇▇▇▇ shall waive its [his/her] right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd▇▇. ▇▇▇▇▇▇▇, Good Shepherd ▇▇. ▇▇▇▇▇▇▇ shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Toccoa was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd Toccoa cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdToccoa’s receipt of the Notice of Material Breach: Breach:‌ (i) Good Shepherd Toccoa had begun to take action to cure the material breach; (ii) Good Shepherd Toccoa pursued such action with due diligence; and (iii) Good Shepherd Toccoa provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdToccoa, only after a DAB decision in favor of OIG. Good ShepherdToccoa’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Toccoa upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Toccoa may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Toccoa shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdToccoa, Good Shepherd Toccoa shall be reinstated effective on the date of the original exclusion.exclusion.‌

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd ▇▇▇▇▇ was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd ▇. ▇▇▇▇▇ cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s ▇▇▇▇▇’▇ receipt of the Notice of Material Breach: Breach:‌‌ (i) Good Shepherd ▇▇▇▇▇ had begun to take action to cure the material breach; (ii) Good Shepherd ▇▇▇▇▇ pursued such action with due diligence; and (iii) Good Shepherd ▇▇▇▇▇ provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd▇▇▇▇▇, only after a DAB decision in favor of OIG. Good Shepherd’s ▇▇▇▇▇’▇ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd ▇▇▇▇▇ upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd ▇▇▇▇▇ may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd ▇▇▇▇▇ shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd▇▇▇▇▇, Good Shepherd ▇▇▇▇▇ shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd CBHA was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd CBHA cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdCBHA’s receipt of the Notice of Material Breach: : (i) Good Shepherd CBHA had begun to take action to cure the material breach; (ii) Good Shepherd CBHA pursued such action with due diligence; and (iii) Good Shepherd CBHA provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdCBHA, only after a DAB decision in favor of OIG. Good ShepherdCBHA’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd CBHA upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd CBHA may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd CBHA shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdCBHA, Good Shepherd CBHA shall be reinstated effective on the date of the original exclusion.exclusion.‌‌

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Astellas was in material breach of this CIA and, if so, whether: a. Good Shepherd Astellas cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Astellas’ receipt of the Notice of Material Breach: : (i) Good Shepherd Astellas had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Astellas pursued such action with due diligence; and (iii) Good Shepherd Astellas provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdAstellas, only after a DAB decision in favor of OIG. Good Shepherd’s Astellas’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Astellas upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Astellas may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Astellas shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdAstellas, Good Shepherd Astellas shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd 21st Century was in material breach of this CIA and, if so, whether: a. Good Shepherd 21st Century cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd21st Century’s receipt of the Notice of Material Breach: (i) Good Shepherd 21st Century had begun to take action to cure the material breach; (ii) Good Shepherd 21st Century pursued such action with due diligence; and (iii) Good Shepherd 21st Century provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd21st Century, only after a DAB decision in favor of OIG. Good Shepherd21st Century’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd 21st Century upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd 21st Century may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd 21st Century shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd21st Century, Good Shepherd 21st Century shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a a‌ proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd CRMC was in material breach of this CIA and, if so, whether:whether:‌‌ a. Good Shepherd CRMC cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdCRMC’s receipt of the Notice of Material Breach: : (i) Good Shepherd CRMC had begun to take action to cure the material breach; (ii) Good Shepherd CRMC pursued such action with due diligence; and (iii) Good Shepherd CRMC provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdCRMC, only after a DAB decision in favor of OIG. Good ShepherdCRMC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd CRMC upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd CRMC may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd CRMC shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdCRMC, Good Shepherd CRMC shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Cephalon was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Cephalon had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Cephalon has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Cephalon provided to OIG within that period a reasonable timetable for curing the material breachbreach and Cephalon has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdCephalon, only after a DAB decision in favor of OIG. Good ShepherdCephalon’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Cephalon upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Cephalon may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Cephalon shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdCephalon, Good Shepherd Cephalon shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd PCMC was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd PCMC cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdPCMC’s receipt of the Notice of Material Breach: : (i) Good Shepherd PCMC had begun to take action to cure the material breach; (ii) Good Shepherd PCMC pursued such action with due diligence; and (iii) Good Shepherd PCMC provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdPCMC, only after a DAB decision in favor of OIG. Good ShepherdPCMC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd PCMC upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd PCMC may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd PCMC shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdPCMC, Good Shepherd PCMC shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd Days was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd Days cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Days’ receipt of the Notice of Material Breach: (i) Good Shepherd Days had begun to take action to cure the material breach; (ii) Good Shepherd Days pursued such action with due diligence; and (iii) Good Shepherd Days provided to OIG a reasonable timetable for curing the material breach. breach.‌ For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdDays, only after a DAB decision in favor of OIG. Good Shepherd’s Days’ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Days upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Days may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Days shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdDays, Good Shepherd Days shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Kai Heart was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Kai Heart had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Kai Heart has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Kai Heart provided to OIG within that period a reasonable timetable for curing the material breachbreach and Kai Heart has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd▇▇▇ ▇▇▇▇▇, only after a DAB decision in favor of OIG. Good ShepherdKai Heart’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Kai Heart upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd ▇▇▇ ▇▇▇▇▇ may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Kai Heart shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd▇▇▇ ▇▇▇▇▇, Good Shepherd ▇▇▇ ▇▇▇▇▇ shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd Springfield was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd Springfield cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdSpringfield’s receipt of the Notice of Material Breach: (i) Good Shepherd Springfield had begun to take action to cure the material breach; (ii) Good Shepherd Springfield pursued such action with due diligence; and (iii) Good Shepherd Springfield provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdSpringfield, only after a DAB decision in favor of OIG. Good ShepherdSpringfield’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Springfield upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Springfield may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Springfield shall waive its [his/her] right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdSpringfield, Good Shepherd Springfield shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd MBPC was in material breach of this CIA IA and, if so, whether: a. Good Shepherd MBPC cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good ShepherdMBPC’s receipt of the Notice of Material Breach: : (i) Good Shepherd MBPC had begun to take action to cure the material breach; (ii) Good Shepherd MBPC pursued such action with due diligence; and (iii) Good Shepherd MBPC provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdMBPC, only after a DAB decision in favor of OIG. Good ShepherdMBPC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd MBPC upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd MBPC may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd MBPC shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdMBPC, Good Shepherd MBPC shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd SUN was in material breach of this CIA and, if so, whether: a. Good Shepherd SUN cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdSUN’s receipt of the Notice of Material Breach: (i) Good Shepherd SUN had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd SUN pursued such action with due diligence; and (iii) Good Shepherd SUN provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdSUN, only after a DAB decision in favor of OIG. Good Shepherd▇▇▇’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd SUN upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd SUN may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd SUN shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdSUN, Good Shepherd SUN shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Envision was in material breach of this CIA and, if so, whether: a. Good Shepherd Envision cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdEnvision’s receipt of the Notice of Material Breach: (i) Good Shepherd Envision had begun to take action to cure the material breach; (ii) Good Shepherd Envision pursued such action with due diligence; and (iii) Good Shepherd Envision provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdEnvision, only after a DAB decision in favor of OIG. Good ShepherdEnvision’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Envision upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Envision may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Envision shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdEnvision, Good Shepherd Envision shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Greenway was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd ▇. ▇▇▇▇▇▇▇▇ cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good ShepherdGreenway’s receipt of the Notice of Material Breach: (i) Good Shepherd Greenway had begun to take action to cure the material breach; (ii) Good Shepherd Greenway pursued such action with due diligence; and (iii) Good Shepherd Greenway provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdGreenway, only after a DAB decision in favor of OIG. Good ShepherdGreenway’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Greenway upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Greenway may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Greenway shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdGreenway, Good Shepherd Greenway shall be reinstated effective on the date of the original exclusion.exclusion.‌

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA RCA shall be whether Good Shepherd BPMC was in material breach of this CIA RCA and, if so, whether: a. Good Shepherd BPMC cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdBPMC’s receipt of the Notice of Material Breach: : (i) Good Shepherd BPMC had begun to take action to cure the material breach; (ii) Good Shepherd BPMC pursued such action with due diligence; and (iii) Good Shepherd BPMC provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdBPMC, only after a DAB decision in favor of OIG. Good ShepherdBPMC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd BPMC upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd BPMC may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd BPMC shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdBPMC, Good Shepherd BPMC shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd MB2 Dental was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd MB2 Dental cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdMB2 Dental’s receipt of the Notice of Material Breach: (i) Good Shepherd MB2 Dental had begun to take action to cure the material breach; (ii) Good Shepherd MB2 Dental pursued such action with due diligence; and (iii) Good Shepherd MB2 Dental provided to OIG a reasonable timetable for curing the material breach. breach.‌ For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdMB2 Dental, only after a DAB decision in favor of OIG▇▇▇. Good Shepherd▇▇▇ Dental’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd MB2 Dental upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd MB2 Dental may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd MB2 Dental shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdMB2 Dental, Good Shepherd MB2 Dental shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Merit was in material breach of this CIA and, if so, whether: a. Good Shepherd Merit cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdMerit’s receipt of the Notice of Material Breach: (i) Good Shepherd Merit had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Merit pursued such action with due diligence; and (iii) Good Shepherd Merit provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdMerit, only after a DAB decision in favor of OIG. Good ShepherdMerit’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Merit upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Merit may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Merit shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdMerit, Good Shepherd Merit shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd FHS was in material breach of this CIA and, if so, whether: a. Good Shepherd FHS cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdFHS’s receipt of the Notice of Material Breach: (i) Good Shepherd FHS had begun to take action to cure the material breach; (ii) Good Shepherd FHS pursued such action with due diligence; and (iii) Good Shepherd FHS provided to OIG a reasonable timetable for curing the material breach. breach.‌‌‌ For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdFHS and/or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, only after a DAB decision in favor of OIG. Good Shepherd’s The election by FHS or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ of its the contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd FHS and/or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd FHS or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd FHS and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdFHS or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Good Shepherd FHS or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (as applicable) shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Amgen was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Amgen had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Amgen has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Amgen provided to OIG within that period a reasonable timetable for Corporate Integrity Agreement Amgen Inc. curing the material breachbreach and Amgen has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdAmgen, only after a DAB decision in favor of OIG. Good ShepherdAmgen’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Amgen upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Amgen may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Amgen shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdAmgen, Good Shepherd Amgen shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd I&L was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd I&L cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdI&L’s receipt of the Notice of Material Breach: (i) Good Shepherd I&L had begun to take action to cure the material breach; (ii) Good Shepherd I&L pursued such action with due diligence; and (iii) Good Shepherd I&L provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdI&L, only after a DAB decision in favor of OIG. Good ShepherdI&L’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd I&L upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd I&L may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd I&L shall waive its their right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdI&L, Good Shepherd I&L shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Vanguard was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Vanguard had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Vanguard has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Vanguard provided to OIG within that period a reasonable timetable for curing the material breachbreach and Vanguard has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdVanguard, only after a DAB decision in favor of OIG. Good ShepherdVanguard’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Vanguard upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Vanguard may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Vanguard shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdVanguard, Good Shepherd Vanguard shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd ▇▇▇▇▇▇ Valley was in material breach of this CIA and, if so, whether: a. Good Shepherd ▇. ▇▇▇▇▇▇ Valley cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd▇▇▇▇▇▇ Valley’s receipt of the Notice of Material Breach: (i) Good Shepherd ▇▇▇▇▇▇ Valley had begun to take action to cure the material breach; (ii) Good Shepherd ▇▇▇▇▇▇ Valley pursued such action with due diligence; and (iii) Good Shepherd ▇▇▇▇▇▇ Valley provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd▇▇▇▇▇▇ Valley, only after a DAB decision in favor of OIG. Good Shepherd▇▇▇▇▇▇ Valley’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd ▇▇▇▇▇▇ Valley upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd ▇▇▇▇▇▇ Valley may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd ▇▇▇▇▇▇ Valley shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd▇▇▇▇▇▇ Valley, Good Shepherd ▇▇▇▇▇▇ Valley shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd EAP was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd EAP cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdEAP’s receipt of the Notice of Material Breach: (i) Good Shepherd EAP had begun to take action to cure the material breach; (ii) Good Shepherd EAP pursued such action with due diligence; and (iii) Good Shepherd EAP provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdEAP, only after a DAB decision in favor of OIG. Good ShepherdEAP’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd EAP upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd EAP may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd EAP shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdEAP, Good Shepherd EAP shall be reinstated effective on the date of the original exclusion.exclusion.‌‌

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd UMHS was in material breach of this CIA and, if so, whether: a. Good Shepherd UMHS cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdUMHS’s receipt of the Notice of Material Breach: : (i) Good Shepherd UMHS had begun to take action to cure the material breach; (ii) Good Shepherd UMHS pursued such action with due diligence; and (iii) Good Shepherd UMHS provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdUMHS, only after a DAB decision in favor of OIG. Good ShepherdUMHS’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd UMHS upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd UMHS may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd UMHS shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd▇▇▇▇, Good Shepherd ▇▇▇▇ shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd Golden was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd Golden cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdGolden’s receipt of the Notice of Material Breach: Breach:‌ (i) Good Shepherd Golden had begun to take action to cure the material breach; (ii) Good Shepherd Golden pursued such action with due diligence; and (iii) Good Shepherd Golden provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdGolden, only after a DAB decision in favor of OIG. Good ShepherdGolden’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Golden upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Golden may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Golden shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdGolden, Good Shepherd Golden shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd ▇▇. ▇▇▇▇▇▇▇▇ was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd ▇▇. ▇▇▇▇▇▇▇▇ cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s ▇▇. ▇▇▇▇▇▇▇▇’▇ receipt of the Notice of Material Breach: (i) Good Shepherd ▇▇. ▇▇▇▇▇▇▇▇ had begun to take action to cure the material breach; (ii) Good Shepherd ▇▇. ▇▇▇▇▇▇▇▇ pursued such action with due diligence; and (iii) Good Shepherd ▇▇. ▇▇▇▇▇▇▇▇ provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd▇▇. ▇▇▇▇▇▇▇▇, only after a DAB decision in favor of OIG. Good Shepherd’s ▇▇. ▇▇▇▇▇▇▇▇’▇ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd ▇▇. ▇▇▇▇▇▇▇▇ upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd ▇▇. ▇▇▇▇▇▇▇▇ may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd ▇▇. ▇▇▇▇▇▇▇▇ shall waive its his right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd▇▇. ▇▇▇▇▇▇▇▇, Good Shepherd ▇▇. ▇▇▇▇▇▇▇▇ shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd ▇▇▇▇▇▇ was in material breach of this CIA and, if so, whether: a. Good Shepherd ▇. ▇▇▇▇▇▇ cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s ▇▇▇▇▇▇’▇ receipt of the Notice of Material Breach: : (i) Good Shepherd ▇▇▇▇▇▇ had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Sandoz pursued such action with due diligence; and (iii) Good Shepherd Sandoz provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd▇▇▇▇▇▇, only after a DAB decision in favor of OIG. Good Shepherd’s ▇▇▇▇▇▇’▇ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd ▇▇▇▇▇▇ upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd ▇▇▇▇▇▇ may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Sandoz shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd▇▇▇▇▇▇, Good Shepherd ▇▇▇▇▇▇ shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Sanofi was in material breach of this CIA and, if so, whether: a. Good Shepherd Sanofi cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdSanofi’s receipt of the Notice of Material Breach: : (i) Good Shepherd Sanofi had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Sanofi pursued such action with due diligence; and (iii) Good Shepherd Sanofi provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdSanofi, only after a DAB decision in favor of OIG. Good ShepherdSanofi’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Sanofi upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Sanofi may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Sanofi shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdSanofi, Good Shepherd Sanofi shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd PharMerica was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-30- day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd PharMerica had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd PharMerica has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd PharMerica provided to OIG within that period a reasonable timetable for curing the material breachbreach and PharMerica has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdPharMerica, only after a DAB decision in favor of OIG. Good ShepherdPharMerica’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd PharMerica upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd PharMerica may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd PharMerica shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdPharMerica, Good Shepherd PharMerica shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd Dr. Uradu and UTC was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd Dr. Uradu and UTC cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdDr. Uradu and UTC’s receipt of the Notice of Material Breach: (i) Good Shepherd Dr. Uradu and UTC had begun to take action to cure the material breach; (ii) Good Shepherd Dr. Uradu and UTC pursued such action with due diligence; and (iii) Good Shepherd Dr. Uradu and UTC provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdDr. Uradu and UTC, only after a DAB decision in favor of OIG. Good ShepherdDr. Uradu and UTC’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Dr. Uradu and UTC upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Dr. Uradu and UTC may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Dr. Uradu and UTC shall waive its [his/her] right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdDr. Uradu and UTC, Good Shepherd Dr. Uradu and UTC shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Aegerion was in material breach of this CIA and, if so, whether: a. Good Shepherd Aegerion cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdAegerion’s receipt of the Notice of Material Breach: (i) Good Shepherd Aegerion had begun to take action to cure the material breach; (ii) Good Shepherd Aegerion pursued such action with due diligence; and (iii) Good Shepherd Aegerion provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdAegerion, only after a DAB decision in favor of OIG. Good ShepherdAegerion’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Aegerion upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Aegerion may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Aegerion shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdAegerion, Good Shepherd Aegerion shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd was the CareAll Entities were in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd the CareAll Entities had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd the CareAll Entities have pursued and are pursuing such action with due diligence; and (iii) Good Shepherd the CareAll Entities provided to OIG within that period a reasonable timetable for curing the material breachbreach and the CareAll Entities have followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherdthe CareAll Entities, only after a DAB decision in favor of OIG. Good ShepherdThe CareAll Entities’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd the CareAll Entities upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd the CareAll Entities may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd The CareAll Entities shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherdthe CareAll Entities, Good Shepherd the CareAll Entities shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd UCI was in material breach of this CIA and, if so, whether: a. Good Shepherd UCI cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdUCI’s receipt of the Notice of Material Breach: (i) Good Shepherd UCI had begun to take action to cure the material breach; (ii) Good Shepherd UCI pursued such action with due diligence; and (iii) Good Shepherd UCI provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdUCI, only after a DAB decision in favor of OIG. Good ShepherdUCI’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd UCI upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd UCI may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd UCI shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdUCI, Good Shepherd UCI shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd WellCare was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd WellCare had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd WellCare has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd WellCare provided to OIG within that period a reasonable timetable for curing the material breachbreach and WellCare has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdWellCare, only after a DAB decision in favor of OIG. Good ShepherdWellCare’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd WellCare upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd WellCare may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd WellCare shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdWellCare, Good Shepherd WellCare shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Taro was in material breach of this CIA and, if so, whether: a. Good Shepherd Taro cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd▇▇▇▇’s receipt of the Notice of Material Breach: (i) Good Shepherd Taro had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Taro pursued such action with due diligence; and (iii) Good Shepherd Taro provided to OIG within that period a reasonable timetable for curing the material breach. breach.‌ For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdTaro, only after a DAB decision in favor of OIG. Good ShepherdTaro’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Taro upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd ▇▇▇▇ may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Taro shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd▇▇▇▇, Good Shepherd ▇▇▇▇ shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd ▇▇▇▇ was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd BIPI had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd BIPI has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd BIPI provided to OIG within that period a reasonable timetable for curing the material breachbreach and BIPI has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdBIPI, only after a DAB decision in favor of OIG. Good Shepherd▇▇▇▇’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd BIPI upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd BIPI may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd BIPI shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdBIPI, Good Shepherd BIPI shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd FHG was in material breach of this CIA IA and, if so, whether: a. Good Shepherd FHG cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdFHG’s receipt of the Notice of Material Breach: (i) Good Shepherd FHG had begun to take action to cure the material breach; (ii) Good Shepherd FHG pursued such action with due diligence; and (iii) Good Shepherd FHG provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdFHG, only after a DAB decision in favor of OIG. Good ShepherdFHG’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd FHG upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd FHG may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd FHG shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdFHG, Good Shepherd FHG shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd the DIG Entities was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd the DIG Entities had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd the DIG Entities has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd the DIG Entities provided to OIG within that period a reasonable timetable for curing the material breachbreach and the DIG Entities has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherdthe DIG Entities, only after a DAB decision in favor of OIG. Good Shepherd’s The DIG Entities’ election of its their contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd the DIG Entities upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd the DIG Entities may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd the DIG Entities shall waive its their right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherdthe DIG Entities, Good Shepherd the DIG Entities shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd Northwest ENT was in material breach of this CIA IA and, if so, whether: a. Good Shepherd Northwest ENT cured such breach within 30 days of its receipt of the Notice of Material Breach; oror‌ b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd’s Northwest ENT's receipt of the Notice of Material Breach: (i) Good Shepherd Northwest ENT had begun to take action to cure the material breach; (ii) Good Shepherd Northwest ENT pursued such action with due diligence; and (iii) Good Shepherd Northwest ENT provided to OIG a reasonable timetable for curing the material breach. breach.‌ For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdNorthwest ENT, only after a DAB decision in favor of OIG. Good Shepherd’s Northwest ENT's election of its contractual right to appeal to the DAB shall not abrogate OIG’s 's authority to exclude Good Shepherd Northwest ENT upon the issuance of an ALJ’s 's decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Northwest ENT may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Northwest ENT shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdNorthwest ENT, Good Shepherd Northwest ENT shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd MMW was in material breach of this CIA IA and, if so, whether: a. Good Shepherd MMW cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdMMW’s receipt of the Notice of Material Breach: : (i) Good Shepherd MMW had begun to take action to cure the material breach; (ii) Good Shepherd MMW pursued such action with due diligence; and (iii) Good Shepherd MMW provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdMMW, only after a DAB decision in favor of OIG. Good ShepherdMMW’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd MMW upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd MMW may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd MMW shall waive its [his/her] right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdMMW, Good Shepherd MMW shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd First Call was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd First Call had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd First Call has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd First Call provided to OIG within that period a reasonable timetable for curing the material breachbreach and First Call has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdFirst Call, only after a DAB decision in favor of OIG. Good ShepherdFirst Call’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd First Call upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd First Call may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd First Call shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdFirst Call, Good Shepherd First Call shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd SDNA was in material breach of this CIA and, if so, whether: a. Good Shepherd SDNA cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdSDNA’s receipt of the Notice of Material Breach: : (i) Good Shepherd SDNA had begun to take action to cure the material breach; (ii) Good Shepherd SDNA pursued such action with due diligence; and (iii) Good Shepherd SDNA provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdSDNA, only after a DAB decision in favor of OIG. Good ShepherdSDNA’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd SDNA upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd SDNA may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd SDNA shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdSDNA, Good Shepherd SDNA shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title Chapter 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd PALMS was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd PALMS had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd PALMS has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd PALMS provided to OIG within that period a reasonable timetable for curing the material breachbreach and PALMS has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdPALMS, only after a DAB decision in favor of OIG. Good ShepherdPALMS’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd PALMS upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd PALMS may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd PALMS shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdPALMS, Good Shepherd PALMS shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd SPI was in material breach of this CIA IA and, if so, whether: a. Good Shepherd SPI cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdSPI’s receipt of the Notice of Material Breach: (i) Good Shepherd SPI had begun to take action to cure the material breach; (ii) Good Shepherd SPI pursued such action with due diligence; and (iii) Good Shepherd SPI provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdSPI, only after a DAB decision in favor of OIG. Good ShepherdSPI’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd SPI upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd SPI may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd SPI shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdSPI, Good Shepherd SPI shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Pediatrix was in material breach of this CIA andCIA; Pediatrix Medical Group, if so, whether:Inc. Corporate Integrity Agreement a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Pediatrix had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Pediatrix has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Pediatrix provided to the OIG within that period a reasonable timetable for curing the material breachbreach and has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to the OIG, or, if the ALJ rules for Good ShepherdPediatrix, only after a DAB decision in favor of the OIG. Good ShepherdPediatrix’s election of its contractual right to appeal to the DAB shall not abrogate the OIG’s authority to exclude Good Shepherd Pediatrix upon the issuance of an ALJ’s decision in favor of the OIG. If the ALJ sustains the determination of the OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Pediatrix may request review of the ALJ decision by the DAB. If the DAB finds in favor of the OIG after an ALJ decision adverse to the OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Pediatrix shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdPediatrix, Good Shepherd Pediatrix shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd SpecialCare was in material breach of this CIA and, if so, whether: a. Good Shepherd SpecialCare cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good ShepherdSpecialCare’s receipt of the Notice of Material Breach: (i) Good Shepherd SpecialCare had begun to take action to cure the material breach; (ii) Good Shepherd SpecialCare pursued such action with due diligence; and (iii) Good Shepherd SpecialCare provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdSpecialCare, only after a DAB decision in favor of OIG. Good ShepherdSpecialCare’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd SpecialCare upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd SpecialCare may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd SpecialCare shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdSpecialCare, Good Shepherd SpecialCare shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA IA shall be whether Good Shepherd Skyline was in material breach of this CIA IA and, if so, whether:whether:‌ a. Good Shepherd Skyline cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good Shepherd▇▇▇▇▇▇▇’s receipt of the Notice of Material Breach: : (i) Good Shepherd Skyline had begun to take action to cure the material breach; (ii) Good Shepherd Skyline pursued such action with due diligence; and (iii) Good Shepherd Skyline provided to OIG a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdSkyline, only after a DAB decision in favor of OIG. Good ShepherdSkyline’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Skyline upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Skyline may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Skyline shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good Shepherd▇▇▇▇▇▇▇, Good Shepherd Skyline shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd RMS was in material breach of this CIA and, if so, whether:whether:‌ a. Good Shepherd RMS cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdRMS’s receipt of the Notice of Material Breach: (i) Good Shepherd RMS had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd RMS pursued such action with due diligence; and (iii) Good Shepherd RMS provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdRMS, only after a DAB decision in favor of OIG. Good ShepherdRMS’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd RMS upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd RMS may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd RMS shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdRMS, Good Shepherd RMS shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be be: a. whether Good Shepherd Walgreens was in material breach of this CIA and, if so, whether:CIA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Walgreens had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Walgreens has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Walgreens provided to OIG within that period a reasonable timetable for curing the material breachbreach and Walgreens has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdWalgreens, only after a DAB decision in favor of OIG. Good ShepherdWalgreens’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Walgreens upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Walgreens may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Walgreens shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdWalgreens, Good Shepherd Walgreens shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA CCA shall be be: a. whether Good Shepherd C▇▇▇▇ was in material breach of this CIA and, if so, whether:CCA; a. Good Shepherd cured b. whether such breach within 30 days of its receipt was continuing on the date of the Notice of Material BreachExclusion Letter; orand b. c. whether the alleged material breach could not have been cured within the 30-30- day period, but that, during the 30-day period following Good Shepherd’s receipt of the Notice of Material Breach: (i) Good Shepherd Coram had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Coram has pursued and is pursuing such action with due diligence; and (iii) Good Shepherd Coram provided to OIG within that period a reasonable timetable for curing the material breachbreach and Coram has followed the timetable. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good ShepherdCoram, only after a DAB decision in favor of OIG. Good Shepherd’s C▇▇▇▇’▇ election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Coram upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd C▇▇▇▇ may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Corm shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdC▇▇▇, Good Shepherd C▇▇▇▇ shall be reinstated effective on the date of the original exclusion.

Exclusion Review. Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for exclusion based on a material breach of this CIA shall be whether Good Shepherd Mylan was in material breach of this CIA and, if so, whether: a. Good Shepherd Mylan cured such breach within 30 days of its receipt of the Notice of Material Breach; or b. the alleged material breach could not have been cured within the 30-30 day period, but that, during the 30-30 day period following Good ShepherdMylan’s receipt of the Notice of Material Breach: (i) Good Shepherd Mylan had begun to take action to cure the material breachbreach within that period; (ii) Good Shepherd Mylan pursued such action with due diligence; and (iii) Good Shepherd Mylan provided to OIG within that period a reasonable timetable for curing the material breach. For purposes of the exclusion herein, exclusion shall take effect only after an ALJ decision favorable to OIG, or, if the ALJ rules for Good Shepherd, Mylan only after a DAB decision in favor of OIG. Good ShepherdMylan’s election of its contractual right to appeal to the DAB shall not abrogate OIG’s authority to exclude Good Shepherd Mylan upon the issuance of an ALJ’s decision in favor of OIG. If the ALJ sustains the determination of OIG and determines that exclusion is authorized, such exclusion shall take effect 20 days after the ALJ issues such a decision, notwithstanding that Good Shepherd Mylan may request review of the ALJ decision by the DAB. If the DAB finds in favor of OIG after an ALJ decision adverse to OIG, the exclusion shall take effect 20 days after the DAB decision. Good Shepherd Mylan shall waive its right to any notice of such an exclusion if a decision upholding the exclusion is rendered by the ALJ or DAB. If the DAB finds in favor of Good ShepherdMylan, Good Shepherd Mylan shall be reinstated effective on the date of the original exclusion.